Alabama Power Co. v. Brown
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; Kobt. C. Brickell, Judge. - Action by Eva Brown against the Alabama Power Company for damages for injuries to person and property in a collision between a street car and automobile. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The first count to the complaint is in simple negligence, as is the second.
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Appeal from Circuit Court, Madison County; Kobt. C. Brickell, Judge. - Action by Eva Brown against the Alabama Power Company for damages for injuries to person and property in a collision between a street car and automobile. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The first count to the complaint is in simple negligence, as is the second. The third count is for wanton or willful injury alleged to have been inflicted by the servants or agents of the defendant in charge or control of the street car while acting within…
1Opinion of the CourtBrown, J.
[1] The overruling of the defendant’s motion to exclude the declarations of the motorman, “I didn’t see you coming; I was watching a car on the opposite side,” testified to by the plaintiff, if error, was rendered innocuous by the testimony of the motorman subsequently given relative to the collision, in which he said:
“I did not see her when she ran into the car. When I first seen [saw] her she was coming directly south. I was looking at another automobile going north and was looking for that automobile .to run into me, and when I turned to look to the left again she had hit me.”
[2] Before…
2Cases cited7 opinions
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Anniston Electric & Gas Co. v. RosenSupreme Court of Alabama · 1909
- Sheffield Co. v. HarrisSupreme Court of Alabama · 1912
- Ala. Great Southern Ry. Co. v. GuestSupreme Court of Alabama · 1905
- East Tenn., Va. & Ga. Railroad v. DeaverSupreme Court of Alabama · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- National Life Accident Ins. Co. v. HannonSupreme Court of Alabama · 1924
- McClaugherty v. Tri-City Traction Co.West Virginia Supreme Court · 1941
- Mobile Light R. R. Co. v. ForcheimerSupreme Court of Alabama · 1930